Research On The Rule Of Exclusion Of Work-related Injury Identification

The establishment of work-related injury insurance is an bright stroke in the history of human industrial civilization,which plays a crucial part in survival of workers,their families and the sustained social-economic development.China’s work-related injury insurance started late,and the development is not yet mature,whether it is industrial injury prevention,industrial injury compensation or industrial injury rehabilitation,are not satisfactory.In recent years,with the economic development entering the post-industrial era,the working environment of workers has gradually improved,and the risks they face are very different from those in the past.Compared with the rapidly changing society,the old legislation can not help but appear to be overstretched.Among them,work injury compensation as the focus of attention from all walks of life,its contradictions are particularly prominent,and the exclusion rules of employment injury identification can be said to enjoy one vote veto "privilege " in the process of work injury determination,it is the first to bear the brunt.Because of the backward concept of employment injury and the lack of legislative technology,the abuse of exclusion rules in practice damages the legitimate rights and interests of workers is common in practice.In the sight of the current practice of work-related injury identification and the employment injury insurance fund in China under existing circumstances,this paper mainly embodies the viewpoints include: At first,it is necessary to clarify the basis for the exclusion of employment injuries,it is the fault of laborer or it is other.Workers’ fault factors are by no means ignored in the process of work-related injury determination,nor are they the only or direct factor that excludes work-related injury determination.The key to exclude work-related injury lies in the interruption of employment injury causality,and the interruption of employment injury causality is the proper meaning of the word "employment injury" and the legitimate source of employment injury insurance system.Secondly,the existing legislative mode should be changed to enhance the adaptability of work-related injury exclusion rules while maintaining their specific pertinence by means of "generalization + enumeration".On the one hand,a general clause for exclusion of work-related injuries is constructed on the basis of causality;on the other hand,use for reference from foreign legislative experience,and lists the current cases of frequent practice in my country after appropriate additions and reductions,for example,suicide caused by overwork and self-harm are removed from the exclusion rules of work injury,and workers engaged in high-risk activities are included.Thirdly,according to the unique characteristics of the specific situations listed,the identification standards are refined.For example,in combination with medical standards,the standard for identifying "drunkenness" should be improved,and the determination of "overwork" should be clarified;integrated with the classification of intentional in the criminal law,the degree of "intentional crime" should be distinguished.In addition,through the organization of occupational training for work injury identification personnel,a special work injury identification team was formed to realize the professionalization of work injury identification;Introduce the hearing procedure,let the laborer and employer participate in the whole process of work injury identification,realize the open and transparent of industrial injury identification;by referring to the prior execution system,further improve the timeliness and accuracy of employment injury protection.All in all,through the change of ideas and the improvement of the system,the function of the work-related injury exclusion rules in the process of work-related injury identification can be better utilized to realize the target of "good law and good governance".